This website uses cookies to store information on your computer. Some of these cookies are used for visitor analysis, others are essential to making our site function properly and improve the user experience. By using this site, you consent to the placement of these cookies. Click Accept to consent and dismiss this message or Deny to leave this website. Read our Privacy Statement for more.
What's New: Advocacy

Missouri Governor Signs SFAA's Bill to Clarify Bonding Requirements for Public Works Projects

Tuesday, August 27, 2019  

Missouri Governor Signs SFAA's Bill to Clarify Bonding Requirements for Public Works Projects

The Governor of Missouri signed SB 167, which clarifies bonding requirements for public works projects to address the Missouri Supreme Court’s decision in the Brentwood case. In Brentwood, the Supreme Court held that the bonding requirements of the Little Miller Act are not applicable when a public owner hires a consultant or other third party to help develop public property on its behalf, since the consultant did not “provide” construction services, but merely “arranged” for them. SB 167 makes it clear that the Little Miller Act does, indeed, apply to such project delivery.

The final bill also includes an amendment that the local ASA and AGC spearheaded to expand claimants under the payment bond to suppliers at all tiers, with remote suppliers required to furnish written notice of non-payment. The final bill also includes a provision added just prior to the bill’s passage in the legislature that prohibits the enforcement of a mechanic's lien when bonds are in place pursuant to this section. Any mechanic’s lien filed in violation will be void and unenforceable and summarily discharged by a judge.

Members should visit Advocacy / What's New for more information.



1140 19th Street, NW, Suite 500 • Washington, DC 20036-6617
Phone: 202-463-0600 • Fax: 202-463-0606